General Sales Terms and Conditions
Article 1. Definitions
“Communication Agency” means the intermediary between MDM and the Advertiser for an advertising campaign.
“Advertiser” means any individual or legal entity who reserves advertising space for an Advertisement on the Website.
“Purchase order” means the document which summarizes an order for one or more Services.
“Campaign” means the advertising campaign which involves the publication of one or more items of a Purchase order.
“Candidate” means an individual who is a member of the Website, who is registered on the Website and is seeking Employment.
“Curriculum Vitæ” or “CV” means the document which outlines the Candidate’s professional experience.
“CV bank” means the web space where the CV’s are held.
“Legal information” means the legal information regarding MDM.
“Registration” means the action which enables an Internet browser to become a member and gain access to certain Services.
“Internet browser” means any visitor to the Website.
“Offer” means a job which is advertised online.
“Advertisement” means an advertising message which does not include a job offer but whose objective is to promote a company, its products and/or its services.
“Professional” means Advertiser; Recruiter or Communication Agency.
“Recruiter” means a company which submits an Offer.
“MDM” means the Website’s editing company.
“Service” means one or more services available on the Website.
“Website” means the www.Aspom.com website.
Article 2. Purpose of the Contract
Our sales and services are subject to the present General Sales Terms and Conditions. In the event of a contradiction arising between the present General Sales Terms and Conditions and any customer trading conditions, it is hereby agreed that the present General Sales Terms and Conditions shall prevail. Any request for a publication on the website (job offer, advertising banner, press release, link etc) shall be deemed firm and definitive by the client upon the signature of the contract.
Article 3. Description of the Services
The Website enables an Internet browser to consult the Offers. The Website enables a Candidate to file his/her CV online and to reply to Offers. The Website enables a Recruiter to publish an Offer, to visualise and to sort Candidate answers. The Website enables Professionals to publish an Advertisement.
The Website is composed of:
- a CV bank;
- a Recruiter’s Office.
The Website does not guarantee these Services indefinitely, they are liable to modification through future updates and developments. Wherever possible, the Professional shall be informed of any developments.
The Advertiser shall be wholly responsible for products and services that are published on an MDM website. All job offers must strictly comply with current legislation (art. L. 1132-1 to L. 1132-4 and L. 5331-1 to L. 5331-6 and L. 5332-1 to L. 5332-5 of the French Labour Code). MDM reserves the right to refuse any product or service which it deems contrary to normal professional standards or current legislation. The Client hereby commits to using, in a reasoned and reasonable manner, all the products and services it has access to, especially the CV database. MDM reserves the right to purely and simply refuse any product or service even during its runtime if its nature, text or presentation are perceived as being contrary to the spirit of the Website or judged a potential cause for complaint from visitors or other third-parties, and MDM more generally reserves the right to refuse any product or service which it considers to be contrary to its financial or moral interests. The Client hereby agrees and authorises MDM to duplicate and/or modify and/or host all or part of its website to optimize its service (candidate browsing, statistics etc), and to use the Client’s commercial name on its website search results page and on all documents, irrespective of their format, which present the company’s activity and Clients.
Any claims must be made in writing and sent within 5 days of the initial online publication date.
No claims shall be accepted for the delayed publication of a product or service unless “publication deadline date, otherwise delete” is clearly visible on the Purchase order or unless an online publication deadline is mentioned.
A publication may only be modified or cancelled up to 3 days prior to its online publication date.
MDM shall not be held responsible for any problems regarding data transmission, connection or internet downtime, nor shall it be held responsible for access speed or any potential breakdown of the Internet which is caused by a global network overload or the complexity of the material and software installed on the company’s servers. MDM’s products and/or services are always subject to availability on the date the company accepts the Purchase order.
Article 4. Purchase order and Invoicing
Any Advertiser who wishes to place a first-time Purchase order with MDM must forward all the required information accordingly; especially if it is destined for the accounts department. All Purchase order requests must be sent electronically, by fax, or by post.
Runtime and invoicing shall occur when a product or service is activated: effectively when the Client receives its identification codes and is able to connect to its secure, professional client area. If full payment should remain outstanding, and formal notification should remain without effect forty-eight (48) hours after being received by the Client then MDM shall reserve the right to suspend any service running or due to run at that time.
Any Client identification information which enables the Client to connect to MDM’s services, shall be deemed personal and confidential and must not be disclosed to any third-party, or be the object of any assignment without the Client obtaining prior agreement from MDM.
MDM has the right to modify the Client’s identification information subject to prior notification.
All documents and information, irrespective of format or medium, available to or directly supplied to the Client, remain the exclusive property of MDM, sole proprietor of the intellectual property rights which govern the aforementioned documents and information.
Article 5. Professional and Financial Terms
Prices are fixed in accordance with the current price scale. An order for a Service shall be deemed firm and definitive when the Purchase order is signed; or when the online “Express Offer” confirmation click is clicked. If our credit insurance company refuses to provide cover for a Client, then a 40% deposit for the total amount of the invoice (exclusive of VAT) shall be required. This deposit must accompany the Purchase order.
Any subscription, or ongoing Services, shall be due for the full term, there is no possibility of early termination. Any stock on Offers or Services for a set period shall be due in full when the Purchase order is signed. Failure to use such stock within the set period shall not give rise to a refund.
All invoices must be paid thirty immediately at their issue date, and no discount shall apply for early payment. If MDM and the Recruiter agree to waive this clause by means of a supplementary agreement, the payment deadline shall not exceed forty-five (45) days.
Any sum unpaid on its due date shall bear interest at the current legal rate raised by 5 percentage points.
Any delay in payment shall rightfully lead to:
- a suspension of the contract;
- all outstanding invoices and orders awaiting invoicing becoming immediately payable;
- any new applications being paid in cash or being immediately suspended;
- default interest being invoiced on all overdue amounts based on three times the legal interest rate (see invoice for details), payable by cheque, upon receipt;
- a fixed penalty of 15% of the total outstanding amounts, exclusive of any legal expenses.
Article 6. Identification
The Recruiter may initially request a new personalised identification code and password. After each use, the Recruiter must ensure that he disconnects his account at the end of every session. The Recruiter is responsible for maintaining its password and account confidential. It is wholly responsible for its identification code or password. If the identification code and password are stolen or lost, or are illicitly used by an unauthorised third-party, the Recruiter must immediately inform the Website.
Article 7. Advertising
An Advertiser can purchase advertising space through a Communication Agency or from MDM directly. If a Communication Agency or agent is involved in the sale, then it must ensure it has been duly designated by the Advertiser. If the Communication Agency has not been duly designated by the Advertiser, the Agency will be responsible for the total amount of the Purchase order, irrespective of whether the Purchase order has already been published or not, and with no possibility for it to resell the advertising space to a third-party.
Signed Purchase orders commit the Advertiser and the Communication Agency. The Communication Agency is responsible for verifying, monitoring and handling the Purchase orders and invoices for the Advertiser and ensures that either it or the Advertiser pay the invoices on their due dates.
Advert or Campaign specifications are outlined on the Purchase order.
MDM reserves the right to refuse any Advertisement which it considers to be contrary to its moral and material interests, or which offends common decency and public order, or which violates current laws and regulations.
MDM shall not be held responsible for refusing to publish an advertising message for one of the abovementioned reasons and the Advertiser or Communication Agency shall not be entitled to claim compensation for a refusal of this type.
Article 8. Notification
According to Article 6. l. 7 of the law for confidence in the digital economy of June 21st, 2004 (n°2004-575), an Internet browser must inform MDM at the following address info@aspom.com, of any message which is considered an apology for crime against humanity, or which touches upon child pornography, or which incites racial hatred or violence; or which offends basic human dignity.
Article 9. Distinctive features of the Website – Intellectual Property
None of the Website features may be used without obtaining prior authorisation from the rights-holder. The Professional hereby understands and agrees that the contents of the Website are protected by copyright and trade mark law, and its CV and Job offer banks by database law.
The Professional is duly authorised to print paper copies of the Website pages for a strictly private and non-commercial usage. Any other type of reproduction is strictly prohibited without obtaining prior authorisation from MDM.
It is strictly forbidden for the Professional (in compliance with Articles L. 342-1 et seq. of the Intellectual property law):
- to extract by permanent or temporary transfer, all or a substantial part of the qualitative or quantitative content of the CV bank and/or the Job offer bank which is accessible on the Website to any other medium, by any means or in any format whatsoever;
- to re-use all or a substantial part of the qualitative or quantitative content of the CV bank and/or the Job offer bank which is available to the public;
- to extract or re-use repeatedly or in a systematic manner non-substantial parts of the qualitative or quantitative content of the CV bank and/or the Job offer bank when such acts are manifestly excessive with regard to normal Website activity; or
- to commercially exploit the access codes, the Offer publications or the Offers themselves with any third-party.
MDM reserves the right to terminate the present contract and to engage any proceeding it may judge necessary to sanction a violation of its intellectual property rights.
Article 10. Licence to use the Offers
For every Offer which is held, transferred or published on the Website for Internet browsers to access, the Recruiter grants MDM a global, gratuitous, non-exclusive right to reproduce, publish and distribute the Offers on the Website, partner or third-party website, on every type of medium and all means of communication, to supply, advertise and distribute its Services. This right is granted for an indefinite period. The Professional guarantees MDM against any claim of liability regarding the above-mentioned right and guarantees its content complies with current legislation and does not violate any third-party’s rights.
The Professional is responsible for saving its own Contributions. Once the online publication period on the Website is terminated, and irrespective of the reason, MDM shall not be obliged to return any data in connection with the Offer.
Article 11. Liability
In virtue of the obligations herein, MDM is bound by an obligation of means and not by an obligation of results.
Information and content, password and identification
The information on the website, including interpretation of rules and regulations, is purely informative.
Having a Recruiter on the Website is not tantamount to the Website recommending any job offers or missions.
MDM shall not be held liable if an Offer contains a false allegation or is considered to be misleading.
The Professional is wholly responsible for the information, contributions, Advertising and Offers which are published on the Website.
The Website shall not be held liable for the loss or destruction of any CVs, Advertisements or Offers. MDM shall not be held responsible for any loss or damage resulting from a fraudulent use or loss of identification codes and passwords.
Specific conditions regarding the publication of an Advertisement
The Advertiser or Communication Agency shall not be entitled to withhold payment, in part or in full, or claim damages, or the right to a new publication at MDM’s cost, for any publication which suffers a delay or interruption due to a technical failure which is beyond MDM’s will or control.
Defective advertising material, such as an unacceptably high electronic content weight or a delayed delivery of the materials shall not be considered acceptable justification for the cancellation of a Purchase order, nor shall the Advertiser or Communication Agency be entitled to claim any compensation.
MDM shall be freed from its obligation to publish the Advertiser’s advertisement if unforeseeable circumstances or force majeure prevent it from doing so.
MDM shall not be held responsible for any Advertisement whose content violates current legislation.
MDM shall not be held responsible by the Advertiser or Communication Agency for any indirect prejudice such as operating loss, commercial loss, loss of clients, loss of orders, commercial disorder, loss of turnover or damage to brand image.
In any event and for all occurrences, the total liability of MDM or other future operator shall not be in excess of €150.
Article 12. Prescription
Any action brought against MDM shall be prescribed by law 3 months after the date of the operative event.
Article 13. Data Protection
To preserve Candidate and wherever applicable, Recruiter anonymity, the Website only shows the “Name”, but it is possible to provide more personal information, if the member so wishes.
The Website stores the following information:
- registration information;
- information contained in the Offer or the publication;
- the hour, length of time and IP connection address for every visit to the Website (in compliance with current legislation).
This data can be communicated upon legal notice from a competent jurisdiction.
Pursuant to the 78-17 Act dated 6 January 1978 and amendments, known as “informatique et libertés”, the database and its corresponding processing activity have been declared under number 1994210 v 0 to the Commission National Informatique et Libertés (CNIL).
Any personal data which belongs to a Professional is collected directly from the Website. The Professional has the right to access, object, modify and delete its personal data, except IP addresses, in compliance with current legislation on data conservation. To exercise these rights, the Professional must email the Website at the following address info@aspom.com.
When the Professional registers, it authorises the potential transfer of its registration data to other French partners, or partners domiciled in another member state of the European Union or partners in a State where the CNIL data protection policy applies.
Article 14. Applicable law – Competent jurisdiction
The present conditions, annexes and any document pursuant to this contract, is subject to French law. Any dispute which may arise from the interpretation and execution of the present contract will be brought before the competent Court of Bayonne notwithstanding multiple defendants or the introduction of third-parties.
Updated on 25/05/2018